| Rent Increase Facts | Answer |
| Reason Needed? | No |
| Maximum Amount | No Statute |
| Required Notice | No Statute |
Does Wisconsin Have Rent Control?
Wisconsin does not have rent control laws limiting the amount that landlords ask for rent. State law prohibits local governments from establishing their own rent control ordinances.
When Can a Landlord Raise Rent in Wisconsin?
Landlords in Wisconsin can raise the rent at any time, as long as they comply with the following:
- Aren’t raising rent for discriminatory or retaliatory reasons
- Give reasonable notice
- Wait until the end of the lease term (unless otherwise specified in the lease)
28 days before the end of a year-long lease, a landlord sends the tenant a notice that rent will increase by 8.5% if they choose to renew the lease.
When Can’t a Landlord Raise Rent in Wisconsin?
Landlords in Wisconsin may not raise the rent if:
- It is during the middle of a lease’s fixed term (unless stated otherwise in the lease agreement)
- The increase is applied in a way that discriminates against one of the protected classes specified in the Fair Housing Act
- It is done in retaliation against a protected tenant action, such as filing a complaint
In addition to the characteristics above, the Wisconsin Fair Housing Law prohibits discrimination due to:
- Marital status
- Ancestry
- Source of income
- Age
- Status as a victim of domestic abuse, sexual assault, or stalking
In most areas of Wisconsin, the law does not specify a time between the tenant action and the rent increase that qualifies as retaliation. However, in Madison, an action by a landlord is considered retaliatory if it occurs within 6 months after something a tenant does.
What Happens When a Landlord Raises Rent Unlawfully in Wisconsin?
Wisconsin landlords have much higher liability for an unlawful rent increase than most landlords nationwide. Recent Wisconsin caselaw from 2024 has decided that if a landlord attempts to raise rent using an unlawful lease provision, the landlord must return to the tenant ALL rent paid during the entire tenancy.
How Often Can Rent Be Increased in Wisconsin?
Landlords in Wisconsin can increase the rent as often as they wish, as long as reasonable notice is provided each time.
How Much Notice is Needed To Raise Rent in Wisconsin?
Wisconsin law does not require a specific notice period before raising the rent. In practice, in this means a landlord must give the same amount of notice required to terminate the tenancy (in case the tenant refuses the increase). Thus, 28 days’ notice is typically used as reasonable notice of a rent increase.
How Much Can a Landlord Raise Rent in Wisconsin?
Landlords in Wisconsin can raise the rent by any amount that they wish. There is no legal limit or cap on the amount of a rent increase.
Sources
- 1 Wis. Stat. § 66.1015(1)
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No city, village, town or county may regulate the amount of rent or fees charged for the use of a residential rental dwelling unit.
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- 2 Wis. Stat. § 704.45(1)
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Except as provided in sub. (2), a landlord in a residential tenancy may not increase rent, decrease services, bring an action for possession of the premises, refuse to renew a lease or threaten any of the foregoing, if there is a preponderance of evidence that the action or inaction would not occur but for the landlord’s retaliation against the tenant for doing any of the following:
(a) Making a good faith complaint about a defect in the premises to an elected public official or a local housing code enforcement agency.
(b) Complaining to the landlord about a violation of s. 704.07 or a local housing code applicable to the premises.
(c) Exercising a legal right relating to residential tenancies.
Source Link - 3 Wis. Stat. § 106.50(1)
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It is the intent of this section to render unlawful discrimination in housing. It is the declared policy of this state that all persons shall have an equal opportunity for housing regardless of sex, race, color, sexual orientation, disability, religion, national origin, marital status, family status, status as a victim of domestic abuse, sexual assault, or stalking, lawful source of income, age, or ancestry and it is the duty of the political subdivisions to assist in the orderly prevention or removal of all discrimination in housing through the powers granted under ss. 66.0125 and 66.1011. The legislature hereby extends the state law governing equal housing opportunities to cover single-family residences that are owner-occupied. The legislature finds that the sale and rental of single-family residences constitute a significant portion of the housing business in this state and should be regulated. This section shall be considered an exercise of the police powers of the state for the protection of the welfare, health, peace, dignity, and human rights of the people of this state.
Source Link - 4 Madison Code of Ord. § 32.15(2)
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Retaliation shall include, but not be limited to, eviction, inconsistent rent payment increases, failure to perform promised repairs, refusal to renew a lease or other harassment of the tenant committed by the landlord or his or her agents, or threatening any of the preceding. Any such acts shall be presumed to be retaliatory if committed within six months after the tenant has complained to the landlord or to the Building Inspection Division of the Department of Planning and Community and Economic Development or Public Health Madison and Dane County or to any state or local investigatory or enforcement agency of violations of Chapters 7, 18, 19, 27, 28, 29, 30 or 32 of the Madison General Ordinances or their statutory or administrative code equivalents. In order to overcome the presumption that such acts are retaliatory, the landlord must show by a preponderance of evidence that such acts were based upon good cause, as that term is used in this Chapter.
Source Link - 5 Koble Invs. v. Marquardt, 412 Wis. 2d 1, 30 (Wis. Ct. App. 2024)
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…when a transaction [including a covenant to rent] is void, the customer shall be entitled to retain the goods, services or money received pursuant to the transaction without obligation to pay any amount and shall be entitled to recover any sums paid to the merchant pursuant to the transaction.
Source Link - 6 Wis. Stat. § 704.19(3)
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At least 28 days’ notice must be given [to terminate a periodic tenancy] except in the following cases: If rent is payable on a basis less than monthly, notice at least equal to the rent-paying period is sufficient; all agricultural tenancies from year-to-year require at least 90 days’ notice.
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